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Home My WebLink About2010-03-08 MinutesPlanning Commission March 8, 2010 Page I of 8 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on March 8, 2010 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent. MINUTES: FEBRUARY 22, 2010 Page 3 Old Business: ACTION TAKEN Approved CUP 10-3512: Conditional Use Permit (CELL TOWER/HILL & MLK, JR.BLVD, 522): Page 4 Tabled New Business: ADM 10-3533: Administrative Item (AARON WATSON, 323): Page 5 Tabled LSD 09-3372: Large Scale Development (LIFE STYLES, INC., 363) Page 6 Approved CUP 10-3520: Conditional Use Permit (DICKSON ST. DEVELOPMENT CO., LLC/OUTDOOR MUSIC, 484) Page 7 Approved CUP 10-3525: Conditional Use Permit (JOANNE OLSZEWSKI/345 ST.CHARLES, 518) Page 8 Approved Planning Commission March 8, 2010 Page 2 of 8 MEMBERS PRESENT Craig Honchell Jeremy Kennedy Matthew Cabe Andy Lack Sean Trumbo Porter Winston STAFF PRESENT Jeremy Pate Dara Sanders Glenn Newman CITY ATTORNEY Kit Williams MEMBERS ABSENT Christine Myres Jim Zant STAFF ABSENT Andrew Garner Jesse Fulcher 5:30 PM - Planning Commission Chair Sean Trumbo called the meeting to order. Commissioner Trumbo requested all cell phones to be turned off, and informed the audience that listening devices were available. Upon roll call, all members were present, with the exception of Commissioner Myres and Commissioner Zant. Planning Commission March 8, 2010 Page 3 of 8 Consent. Approval of the minutes from the February 22, 2010 Planning Commission meeting. Motion• Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission March 8, 2010 Page 4 of 8 Old Business: CUP 10-3512: Conditional Use Permit (CELL TOWERIHILL & MLK, JR.BLVD, 522): Submitted by SMITH TWO-WAY RADIO for property located SOUTHEAST OF THE INTERSECTION OF HILL AVENUE AND THE RAILROAD TRACKS. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0. 12 acres. The request is for a 150 ft. 'flag pole type' cellular tower on the subject property. The applicant has requested that this item be tabled to the March 22, 2010 meeting. MOTION: Commissioner Cabe made a motion to table the item to the March 22, 2010 meeting. Commissioner Winston seconded the motion. Upon roll call the motion to table passed with a vote of 6-0-0. Planning Commission March 8, 2010 Page 5 of 8 New Business: ADM 10-3533: Administrative Item (AARON WATSON, 323): Submitted by AARON WATSON for property located at the NORTHEAST CORNER OF MOUNT COMFORT AND SALEM ROADS. The request is for a variance from the Fayetteville Unified Development Code Section 166.08 to permit a curb cut on Mount Comfort Road, a Minor Arterial, when there is an existing curb cut onto Salem Road, a Collector. The applicant has requested this item be tabled indefinitely MOTION: Commissioner Cabe made a motion to table the item indefinitely. Commissioner Winston seconded the motion. Upon roll call the motion to table passed with a vote of 6-0-0. Planning Commission March 8, 2010 Page 6 of 8 LSD 09-3372: Large Scale Development (LIFE STYLES, INC., 363): Submitted by BATES & ASSOCIATES for property located at THE CORNER OF W. SYCAMORE STREET AND SADDLEHORN AVENUE. The property is zoned P-1, INSTITUTIONAL and contains approximately 1.27 acres. The request is for a 14,165 s.f. educational facility with associated parking and infrastructure. Dara Sanders, Current Planner, read the staff report discussing the project, and variances being requested included a variance of the 25 -foot greenspace within the I-540 Design Overlay District. Ken Shireman, applicant, discussed the greenspace variance and various design options, including a guard rail on top of the wall and requested the retaining walls be permitted in the greenspace. No public comment was presented. Kit Williams, City Attorney, discussed ability for the Planning Commission to allow variances. Commissioner Lack discussed compliance of the project, but the 25 -foot greenspace does not have the landscape as presented by the applicant. Jeremy Pate, Development Services Director, discussed mitigating factors, as did City Attorney Kit Williams, in regards to safeguards to meet the intent of the ordinance. Ken Shiremen, applicant, discussed options of mitigation the greenspace encroachment including additional landscaping. Commissioner Lack stated there was a trade-off with the preservation of area to the north to off -set the encroachment. Commissioner Winston stated he could support the applicant's request if we can protect the extra greenspace to the north. MOTION: Commissioner Winston made a motion for approval adding a condition of approval that, "The area to the north of the proposed building, identified generally as greenspace on the presented site plan, shall be preserved from development and remain in greenspace in consideration of the greenspace variance. " Commissioner Lack seconded the motion. Upon roll call, the motion passed with a vote of 6-0-0. Planning Commission March 8, 2010 Page 7 of 8 CUP 10-3520: Conditional Use Permit (DICKSON ST. DEVELOPMENT CO., LLC/OUTDOOR MUSIC, 484): Submitted by DICKSON STREET DEVELOPMENT CO., LLC for property located at 301/303/307 W. DICKSON. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.13 acres. The request is for a conditional use permit for outdoor music. Dara Sanders, Current Planner, gave the staff report Bob Safranek, Representative, agreed to the conditions of approval. Public Comment: Julie Dorrough introduced herself as a representative of the Dickson Street Neighborhood Association and stated that some residents are in favor of the request, some are not in favor of the request, and others are concerned with the proposed hours of operation because the courtyard backs up to the Locust Street Apartments. Commissioner Winston asked Ms. Dorrough if the neighbors offered any suggestions for hours of operation. Ms. Dorrough said they did not. Mr. Safranek explained that the management wanted the option to play background music in the morning. If the music is waking up the neighbors, it would also be waking up the patrons. Commissioner Winston stated that the use is self-regulating. MOTION: Commissioner Cabe made a motion for approval. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 6-0-0 CUP 10-3525: Conditional Use Permit (JOANNE OLSZEWSKI/345 ST.CHARLES, 518): Planning Commission March 8, 2010 Page 8 of 8 Submitted by JOANNE OLSZEWSKI for property located at 345 ST. CHARLES. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.07 acres. The request is for a conditional use permit for a change in an existing nonconforming use for professional office, chiropractic/massage therapy office, and a beauty salon. Dara Sanders, Current Planner, gave the staff support recommending in favor of the request. Joanne Olszewski, applicant, was present to address any questions. No public comment was presented. MOTION: Commissioner Cabe made a motion for approval. Commissioner Lack seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. There being no further business, the meeting was adjourned at 6:30 PM.